Special Local Regulation; Corsica River, Queen Anne's County, MD, 14494-14496 [2017-05544]
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14494
Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1532.
Regulatory Flexibility Act
The Administrator, in accordance
with the Regulatory Flexibility Act (5
U.S.C. 601–612) (RFA), has reviewed
this proposed rule and by approving it
certifies that the rule will not, if
promulgated, have a significant
economic impact on a substantial
number of small entities. There are
nearly 1.7 million DEA registrations, of
which, a large majority either are held
by small entities or are those employed
by small entities. As discussed above,
the DEA estimates the estimated annual
cost of $3.8 million is offset by
reprioritization of other DCFA
expenditures, resulting in a net zero
economic effect and no impact on
registration fees for any registrants.
Therefore, the DEA estimates that the
rule will not, if promulgated, have a
significant effect on a substantial
number of these small entities.
Paperwork Reduction Act of 1995
This action does not impose a new
collection of information requirement
under the Paperwork Reduction Act of
1995. 44 U.S.C. 3501–3521
Dated: March 11, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–05396 Filed 3–20–17; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2017–0168]
RIN 1625–AA08
Special Local Regulation; Corsica
River, Queen Anne’s County, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
establish special local regulations for
certain waters of the Corsica River. This
action is necessary to provide for the
safety of life on the navigable waters
located in Queen Anne’s County, MD
during a rowing event on April 22,
2017. If necessary, due to inclement
weather, the event will be rescheduled
to April 23, 2017. This proposed
rulemaking would prohibit persons and
vessels from entering the regulated area
unless authorized by the Captain of the
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SUMMARY:
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If
you have questions about this proposed
rulemaking, call or email Mr. Ronald
Houck, U.S. Coast Guard Sector
Maryland-National Capital Region;
telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
BILLING CODE 4410–09–P
ACTION:
Port Maryland-National Capital Region
or the Coast Guard Patrol Commander.
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 20, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0168 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
On February 16, 2017, The Gunston
School of Centreville, MD notified the
Coast Guard that it will be conducting
a rowing regatta from 8 a.m. until 2 p.m.
on April 22, 2017, and if necessary, due
to inclement weather, from 8 a.m. until
2 p.m. on April 23, 2017. The high
school rowing event consists of
approximately 30 participants
competing on a designated 1500-meter
distance course in the Corsica River that
starts at Rocky Point and finishes at
Jacobs Nose near Centreville, MD.
Hazards from the rowing competition
include participants operating within
and adjacent to the designated
navigation channel and interfering with
vessels intending to operate within that
channel, as well as rowing within
approaches to local public and private
marinas and boat facilities. The COTP
Maryland-National Capital Region has
determined that potential hazards
associated with the rowing event would
be a safety concern for anyone intending
to participate in this event or for vessels
that operate within specified waters of
the Corsica River in Queen Anne’s
County, MD.
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Fmt 4702
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The purpose of this rulemaking is to
protect event participants, spectators
and transiting vessels on specified
waters of the Corsica River before,
during, and after the scheduled event.
The Coast Guard proposes this
rulemaking under authority in 33 U.S.C.
1233, which authorize the Coast Guard
to establish and define special local
regulations.
III. Discussion of Proposed Rule
The COTP Maryland-National Capital
Region proposes to establish special
local regulations from 7:30 a.m. until
2:30 p.m. on April 22, 2017, and if
necessary, due to inclement weather,
from 7:30 a.m. until 2:30 p.m. on April
23, 2017. The regulated area would
include all navigable waters of the
Corsica River, from shoreline to
shoreline, within an area bounded on
the east by a line drawn from latitude
39°04′32″ N., longitude 076°05′20″ W.,
thence south to latitude 39°04′07″ N.,
longitude 076°05′20″ W., and bounded
on the west by a line drawn from
latitude 39°04′59″ N., longitude
076°06′30″ W., thence south to latitude
39°04′44″ N., longitude 076°06′30″ W.,
located near Centreville, MD. The
duration of the regulated area is
intended to ensure the safety of event
participants and vessels within the
specified navigable waters before,
during, and after the scheduled 8 a.m.
until 2 p.m. rowing competition. Except
for The Gunston Invitational
participants, no vessel or person would
be permitted to enter the regulated area
without obtaining permission from the
COTP Maryland-National Capital
Region or the Coast Guard Patrol
Commander. The regulatory text we are
proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on a number of these
statutes and E.O.s, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies
to assess the costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits. E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This NPRM has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
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the NPRM has not been reviewed by the
Office of Management and Budget.
This regulatory action determination
is based on the size and duration of the
regulated area, which would impact a
small designated area of the Corsica
River for 7 hours. The Coast Guard
would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the status of the regulated area.
Moreover, the rule would allow vessel
operators to request permission to enter
the regulated area for the purpose of
safely transiting the regulated area if
deemed safe to do so by the Coast Guard
Patrol Commander.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the regulated
area may be small entities, for the
reasons stated in section IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
VerDate Sep<11>2014
15:59 Mar 20, 2017
Jkt 241001
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under E.O. 13132, Federalism, if it has
a substantial direct effect on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in E.O. 13132.
Also, this proposed rule does not have
tribal implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
would not have a substantial direct
effect on one or more Indian tribes, on
the relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves implementation of regulations
within 33 CFR part 100 applicable to
organized marine events on the
navigable waters of the United States
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14495
that may negatively impact the safety of
waterway users and shore side activities
within the event area. This category of
marine event water activities includes
but is not limited to sail boat regattas,
boat parades, power boat racing,
swimming events, crew racing, canoe
and sail board racing. Normally such
actions are categorically excluded from
further review under paragraph 34(h) of
Figure 2–1 of Commandant Instruction
M16475.lD. A preliminary
environmental analysis checklist and
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for
each suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
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Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules
docket at https://www.regulations.gov
and can be viewed by following that
Web site’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35–T05–0168 to read as
follows:
■
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§ 100.501–T05–0168 Special Local
Regulation; Corsica River, Queen Anne’s
County, MD.
(a) Definitions. (1) Captain of the Port
Maryland-National Capital Region
means the Commander, U.S. Coast
Guard Sector Maryland-National Capital
Region or any Coast Guard
commissioned, warrant or petty officer
who has been authorized by the Captain
of the Port to act on his behalf.
(2) Coast Guard Patrol Commander
means a commissioned, warrant, or
petty officer of the U.S. Coast Guard
who has been designated by the
Commander, Coast Guard Sector
Maryland-National Capital Region.
(3) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Maryland-National
Capital Region with a commissioned,
warrant, or petty officer on board and
displaying a Coast Guard ensign.
(4) Participant means all persons and
vessels participating in The Gunston
Invitational event under the auspices of
the Marine Event Permit issued to the
event sponsor and approved by
Commander, Coast Guard Sector
Maryland-National Capital Region.
(b) Regulated area. The following
location is a regulated area: All
navigable waters of the Corsica River,
from shoreline to shoreline, within an
area bounded on the east by a line
drawn from latitude 39°04′32″ N.,
longitude 076°05′20″ W., thence south
to latitude 39°04′07″ N., longitude
076°05′20″ W., and bounded on the west
by a line drawn from latitude 39°04′59″
N., longitude 076°06′30″ W., thence
south to latitude 39°04′44″ N., longitude
076°06′30″ W., located near Centreville,
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15:59 Mar 20, 2017
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MD. All coordinates reference Datum
NAD 1983.
(c) Special local regulations. (1) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels and persons, including event
participants, in the regulated area.
When hailed or signaled by an official
patrol, a vessel or person in the
regulated area shall immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both. The Coast Guard Patrol
Commander may terminate the event, or
the operation of any support vessel
participating in the event, at any time it
is deemed necessary for the protection
of life or property.
(2) Except for participants and vessels
already at berth, all persons and vessels
within the regulated area at the time it
is implemented shall depart the
regulated area.
(3) Persons and vessels desiring to
transit, moor, or anchor within the
regulated area must obtain authorization
from Captain of the Port MarylandNational Capital Region or Coast Guard
Patrol Commander. Prior to the
enforcement period, vessel operators
may request permission to transit, moor,
or anchor within the regulated area from
Captain of the Port Maryland-National
Capital Region at telephone number
410–576–2693 or on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz). During the enforcement period,
persons or vessel operators may request
permission to transit, moor, or anchor
within the regulated area from the Coast
Guard Patrol Commander on Marine
Band Radio, VHF–FM channel 16 (156.8
MHz).
(4) The Coast Guard may be assisted
with marine event patrol and
enforcement of the regulated area by
other Federal, State, and local agencies.
The Coast Guard Patrol Commander and
official patrol vessels enforcing this
regulated area can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz) and channel 22A (157.1
MHz).
(5) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement period. This section
will be enforced from 7:30 a.m. until
2:30 p.m. on April 22, 2017, and if
necessary, due to inclement weather,
from 7:30 a.m. until 2:30 p.m. on April
23, 2017.
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Fmt 4702
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Dated: March 15, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2017–05544 Filed 3–20–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0034; FRL–9958–93–
Region 9]
Approval of California Air Plan
Revisions, San Joaquin Valley Unified
Air Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the San Joaquin Valley
Unified Air Pollution Control District
(SJVUAPCD) portion of the California
State Implementation Plan (SIP). This
revision concerns emissions of oxides of
nitrogen (NOX) and particulate matter
(PM) from boilers, steam generators, and
process heaters. We are proposing to
approve revisions to a local rule to
regulate these emission sources under
the Clean Air Act (CAA or the Act). We
are taking comments on this proposal
and plan to follow with a final action.
DATES: Any comments must arrive by
April 20, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2017–0034 at https://
www.regulations.gov, or via email to
Andrew Steckel, Rulemaking Office
Chief at Steckel.Andrew@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be removed or edited
from Regulations.gov. For either manner
of submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
SUMMARY:
E:\FR\FM\21MRP1.SGM
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Agencies
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Proposed Rules]
[Pages 14494-14496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05544]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0168]
RIN 1625-AA08
Special Local Regulation; Corsica River, Queen Anne's County, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish special local
regulations for certain waters of the Corsica River. This action is
necessary to provide for the safety of life on the navigable waters
located in Queen Anne's County, MD during a rowing event on April 22,
2017. If necessary, due to inclement weather, the event will be
rescheduled to April 23, 2017. This proposed rulemaking would prohibit
persons and vessels from entering the regulated area unless authorized
by the Captain of the Port Maryland-National Capital Region or the
Coast Guard Patrol Commander. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 20, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0168 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ronald Houck, U.S. Coast Guard
Sector Maryland-National Capital Region; telephone 410-576-2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On February 16, 2017, The Gunston School of Centreville, MD
notified the Coast Guard that it will be conducting a rowing regatta
from 8 a.m. until 2 p.m. on April 22, 2017, and if necessary, due to
inclement weather, from 8 a.m. until 2 p.m. on April 23, 2017. The high
school rowing event consists of approximately 30 participants competing
on a designated 1500-meter distance course in the Corsica River that
starts at Rocky Point and finishes at Jacobs Nose near Centreville, MD.
Hazards from the rowing competition include participants operating
within and adjacent to the designated navigation channel and
interfering with vessels intending to operate within that channel, as
well as rowing within approaches to local public and private marinas
and boat facilities. The COTP Maryland-National Capital Region has
determined that potential hazards associated with the rowing event
would be a safety concern for anyone intending to participate in this
event or for vessels that operate within specified waters of the
Corsica River in Queen Anne's County, MD.
The purpose of this rulemaking is to protect event participants,
spectators and transiting vessels on specified waters of the Corsica
River before, during, and after the scheduled event.
The Coast Guard proposes this rulemaking under authority in 33
U.S.C. 1233, which authorize the Coast Guard to establish and define
special local regulations.
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region proposes to establish
special local regulations from 7:30 a.m. until 2:30 p.m. on April 22,
2017, and if necessary, due to inclement weather, from 7:30 a.m. until
2:30 p.m. on April 23, 2017. The regulated area would include all
navigable waters of the Corsica River, from shoreline to shoreline,
within an area bounded on the east by a line drawn from latitude
39[deg]04'32'' N., longitude 076[deg]05'20'' W., thence south to
latitude 39[deg]04'07'' N., longitude 076[deg]05'20'' W., and bounded
on the west by a line drawn from latitude 39[deg]04'59'' N., longitude
076[deg]06'30'' W., thence south to latitude 39[deg]04'44'' N.,
longitude 076[deg]06'30'' W., located near Centreville, MD. The
duration of the regulated area is intended to ensure the safety of
event participants and vessels within the specified navigable waters
before, during, and after the scheduled 8 a.m. until 2 p.m. rowing
competition. Except for The Gunston Invitational participants, no
vessel or person would be permitted to enter the regulated area without
obtaining permission from the COTP Maryland-National Capital Region or
the Coast Guard Patrol Commander. The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders (E.O.s) related to rulemaking. Below we summarize
our analyses based on a number of these statutes and E.O.s, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This NPRM has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly,
[[Page 14495]]
the NPRM has not been reviewed by the Office of Management and Budget.
This regulatory action determination is based on the size and
duration of the regulated area, which would impact a small designated
area of the Corsica River for 7 hours. The Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
status of the regulated area. Moreover, the rule would allow vessel
operators to request permission to enter the regulated area for the
purpose of safely transiting the regulated area if deemed safe to do so
by the Coast Guard Patrol Commander.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this proposed rule does not have tribal implications under
E.O. 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that may negatively impact the safety of waterway users and shore side
activities within the event area. This category of marine event water
activities includes but is not limited to sail boat regattas, boat
parades, power boat racing, swimming events, crew racing, canoe and
sail board racing. Normally such actions are categorically excluded
from further review under paragraph 34(h) of Figure 2-1 of Commandant
Instruction M16475.lD. A preliminary environmental analysis checklist
and Categorical Exclusion Determination are available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online
[[Page 14496]]
docket at https://www.regulations.gov and can be viewed by following
that Web site's instructions. Additionally, if you go to the online
docket and sign up for email alerts, you will be notified when comments
are posted or a final rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.35-T05-0168 to read as follows:
Sec. 100.501-T05-0168 Special Local Regulation; Corsica River, Queen
Anne's County, MD.
(a) Definitions. (1) Captain of the Port Maryland-National Capital
Region means the Commander, U.S. Coast Guard Sector Maryland-National
Capital Region or any Coast Guard commissioned, warrant or petty
officer who has been authorized by the Captain of the Port to act on
his behalf.
(2) Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the U.S. Coast Guard who has been designated by the
Commander, Coast Guard Sector Maryland-National Capital Region.
(3) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
(4) Participant means all persons and vessels participating in The
Gunston Invitational event under the auspices of the Marine Event
Permit issued to the event sponsor and approved by Commander, Coast
Guard Sector Maryland-National Capital Region.
(b) Regulated area. The following location is a regulated area: All
navigable waters of the Corsica River, from shoreline to shoreline,
within an area bounded on the east by a line drawn from latitude
39[deg]04'32'' N., longitude 076[deg]05'20'' W., thence south to
latitude 39[deg]04'07'' N., longitude 076[deg]05'20'' W., and bounded
on the west by a line drawn from latitude 39[deg]04'59'' N., longitude
076[deg]06'30'' W., thence south to latitude 39[deg]04'44'' N.,
longitude 076[deg]06'30'' W., located near Centreville, MD. All
coordinates reference Datum NAD 1983.
(c) Special local regulations. (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels and persons,
including event participants, in the regulated area. When hailed or
signaled by an official patrol, a vessel or person in the regulated
area shall immediately comply with the directions given. Failure to do
so may result in expulsion from the area, citation for failure to
comply, or both. The Coast Guard Patrol Commander may terminate the
event, or the operation of any support vessel participating in the
event, at any time it is deemed necessary for the protection of life or
property.
(2) Except for participants and vessels already at berth, all
persons and vessels within the regulated area at the time it is
implemented shall depart the regulated area.
(3) Persons and vessels desiring to transit, moor, or anchor within
the regulated area must obtain authorization from Captain of the Port
Maryland-National Capital Region or Coast Guard Patrol Commander. Prior
to the enforcement period, vessel operators may request permission to
transit, moor, or anchor within the regulated area from Captain of the
Port Maryland-National Capital Region at telephone number 410-576-2693
or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). During the
enforcement period, persons or vessel operators may request permission
to transit, moor, or anchor within the regulated area from the Coast
Guard Patrol Commander on Marine Band Radio, VHF-FM channel 16 (156.8
MHz).
(4) The Coast Guard may be assisted with marine event patrol and
enforcement of the regulated area by other Federal, State, and local
agencies. The Coast Guard Patrol Commander and official patrol vessels
enforcing this regulated area can be contacted on marine band radio
VHF-FM channel 16 (156.8 MHz) and channel 22A (157.1 MHz).
(5) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
(d) Enforcement period. This section will be enforced from 7:30
a.m. until 2:30 p.m. on April 22, 2017, and if necessary, due to
inclement weather, from 7:30 a.m. until 2:30 p.m. on April 23, 2017.
Dated: March 15, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2017-05544 Filed 3-20-17; 8:45 am]
BILLING CODE 9110-04-P